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NY E84032




July 9, 1999

CLA-2-61:RR:NC:TA:354 E84032

CATEGORY: CLASSIFICATION

TARIFF NO.: 6107.19.9000; 6109.90.1510

Mr. James Coleman
Forte Cashmere Company, Inc.
148 Hamlet Avenue
P.O. Box 869
Woonsocket, Rhode Island 02895

RE: The tariff classification of men’s garments from China.

Dear Mr. Coleman:

In your letter dated June 25, 1999, you requested a classification ruling.

Two samples were submitted for review. Both garments will be sold in cardboard boxes marketed as “performance underwear” as printed on the front portion of the box. The promotional material you submitted indicates the garments will be sold in a natural white color. Both garments are constructed of the same knitted merino wool fabric.

Style 901 is a men’s long sleeve undershirt featuring a crew neck and a hemmed bottom. Style 903 is a men’s long underwear featuring a fabric covered elasticized waistband, an open fly, and ribbed knit ankle cuffs.

The applicable subheading for style 901 will be 6109.90.1510, Harmonized Tariff Schedule of the United States (HTS), which provides for T-shirts, singlets, tank tops and similar garments, knitted or crocheted: of wool, with long sleeves . . . men’s or boys’: underwear. The duty rate will be 5.8 percent ad valorem.

The applicable subheading for style 903 will be 6107.19.9000, HTS, which provides for Men’s or boys’ underpants, briefs, nightshirts, pajamas, bathrobes, dressing gown and similar articles, knitted or crocheted: underpants and briefs: of other textile materials . . . other. The duty rate will be 5.8 percent ad valorem.

Style 901 falls within textile category designation 459 and style 903 falls within textile category designation 852. Based upon international textile trade agreements products of China are subject to quota and the requirement of a visa.

The designated textile and apparel categories and their quota and visa status are the result of international agreements that are subject to frequent renegotiations and changes. To obtain the most current information, we suggest that you check, close to the time of shipment, the U.S. Customs Service Textile Status Report, an internal issuance of the U.S. Customs Service, which is available at the Customs Web Site at WWW.CUSTOMS.USTREAS.GOV. In addition, the designated textile and apparel categories may be subdivided into parts. If so, visa and quota requirements applicable to the subject merchandise may be affected and should also be verified at the time of shipment.

This ruling is being issued under the provisions of Part 177 of the Customs Regulations (19 C.F.R. 177).

A copy of the ruling or the control number indicated above should be provided with the entry documents filed at the time this merchandise is imported. If you have any questions regarding the ruling, contact National Import Specialist Brian Burtnik at 212-637-7083.

Sincerely,

Robert B. Swierupski
Director,

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